¶1concurring in the denial, is of the opinion that defendant, plaintiff in re-convention, was entitled to cumulate petito-ry action with boundary action, and, to the extent that the court of appeal ruled otherwise, it was in error. Defendant, plaintiff in reconvention, is entitled to locate the land on the ground, and our action permits him to do that, if there remains a dispute.
347 So. 2d 246
Harvey v. Harvey
Decided June 30, 1977
Supreme Court of Louisiana · decided 1977-06-30
Key passage — most relied on by later courts
“"Writ denied. The result is correct. Denial herein is without prejudice to applicant to bring boundary action. DIXON, J., concurring in the denial, is of the opinion that defendant, plaintiff in reconvention, was entitled to cumulate petitory action with boundary action, and, to the extent that the court of appeal ruled otherwise, it was in error. Defendant, plaintiff in reconvention, is entitled to locate the land on the ground and our action permits him to do that, if there remains a dispute."”
quoted by 1 later decision, including 390 So. 2d 543 - McPherson v. Roy
Good law ✅— No negative treatment on recordhow we know
Decided 1977-06-30
How this case has been cited
Cited by 13 later decisions — most recently March 2018
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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